Judgment

AYYANGAR, J.: On March 27, 1954 the three Kapurs - who are the respondents before us - filed original Suit No. 29 of 1954 before the District Judge, Bangalore against the 3 appellants who are brothers, for the recovery of over Rs. 50,000/- and subsequent interest and costs due on a simple mortgage. Before the suit came on for trial the parties filed a memo of compromise dated September 30, 1955 and they prayed that the suit may be decreed in terms thereof. The Court accepted the application and passed a decree as prayed for the order reading:

"It is ordered and decreed that the plaintiff s suit be and the same is hereby decreed as per terms of the compromise, the copy of which is hereunto annexed."

The terms of the Razinama ran as follows:

"1. That the defendants herein agree to a decree being passed as prayed for.

2. That the mortgaged properties are hereby sold for the amount of the decree in full satisfaction thereof. The defendants will execute a regular sale within ten days from this date.

3. That the mortgaged properties are here by put in possession of the plaintiff (decree-holder) by the 3rd defendant (judgment-debtor) and judgment-debtor 1 and 2 agreeing to pay rent at